Nisha Arun Kumar Das v. Arun Kumar Das Deceased

M8.MPT.1055.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 1055 OF 2025 Arun Kumar Das .. Deceased Nisha Arun Kumar Das .. Petitioner ....................

 Ms. Roli Singh i/b Mr. Manoj Shukla, Advocate for Petitioner. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 24, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 24.12.2025. Perused the praecipe.

2.

Heard Ms. Singh, learned Advocate for Petitioner. 3.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Arun Kumar Das. The names and details of legal heirs of the deceased are stated in paragraph No. 4 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 7 of the Petition. I have perused the same. 4.

The deceased expired on 17.08.2023 and copy of his death certificate is appended at Exhibit-A, page No. 22. Averments made in paragraph No. 4 are that the parents of Deceased have predeceased Deceased. Consent affidavit dated 21.11.2025 of Akash Arun Kumar

M8.MPT.1055.2025.doc Das, the legal heirs are filed on record and appended at page No. 29 of Petition.

5.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' which read thus:- "a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that Mrs. Nisha Arun Kumar Das, Wife and Petitioner abovenamed is the legal heirs and legal representatives of Deceased abovenamed."

6.

Issuance of proclamation stands dispensed with. 7.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 8.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.12.29 16:54:46 +0530 HARSHADA HANUMANT SAWANT